COMMONWEALTH ELECTORAL ACT 1918

ELECTORAL AND REFERENDUM REGULATIONS - AMENDMENT

EXPLANATORY STATEMENT

STATUTORY RULES 1990 NO. 33

Issued by the Authority of the Minister for Administrative

Services

The Electoral and Referendum Regulations make provision for Commonwealth electoral and referendum administration.

Subsection 328(1) of the Commonwealth Electoral Act 1918 (the Act) provides that a person shall not print, publish or distribute or cause, permit or authorize to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless the name and address (not being a post-office box) of the person who authorised the advertisement, handbill, pamphlet or notice appears at the end thereof, and, in the case of an advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper, the name and place of business of the printer appears at the end thereof.

Paragraph 328(3)(a) of the Act provides that subsection 328(1) does not apply to a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon.

Paragraph 328(3)(b) of the Act provides that subsection 328(1) does not apply to an article included in a prescribed class of articles. No such articles have been prescribed to date.

The amending Regulation provides for two classes of articles to be prescribed for the purposes of paragraph 328(3)(b) of the Act. They are:

(a)        business or visiting cards that promote the candidacy of any person in an election for the Parliament; and

(b)        letters and cards:

(i)         that bear the name and address (not being a post-office box) of the sender; and

(ii)        that do not contain a representation or purported representation of a ballot paper for use in an election for the Parliament.